If a house is in both parents name does this mean they own 50 percent each

My moms will says that her house is to be divided between her two sons equally when her husband dies or if he chooses to sell then divided in equal shares among him and two sons.

Asked on March 9, 2017 under Estate Planning, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If a house is in two person's names, then typically, if one passes away first, the other becomes the 100% owner as the sole survinging "joint tenant." It does not pass through the deceased's estate or probate, and the deceased's will has no effect on it; rather it automatically goes to the survivor on the death of the other. Or if it is sold before either passes away, then each co-owner is entitled to 50% of the proceeds. 
 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If a house is in two person's names, then typically, if one passes away first, the other becomes the 100% owner as the sole survinging "joint tenant." It does not pass through the deceased's estate or probate, and the deceased's will has no effect on it; rather it automatically goes to the survivor on the death of the other. Or if it is sold before either passes away, then each co-owner is entitled to 50% of the proceeds. 
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.